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Date of signing on balance sheet


CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709)     19 March 2012

CS MOHIT SALUJA
PRACTICING CS Jalandhar 9914558709 
 197 likes  4633 points

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Dear All, in practical, when a comapny file the ITR along with audited balance sheet, mostly teh date signed by the Chartered Accountant is Sep. 20, 25 or 29. But as per Companies act, 1956, the notice must be sent atleast 21 clear days and the balance sheet must have been audited and signed by the Chartered Accountant which will be signed by teh directors in the duly held board meeting and after which notice will be sent for holding AGM suppose on Sep.30.

Now my query is as date of signing on balance sheet should be on or before Sep 7 (in case AGM is on Sep. 30), then signing the balance sheet by auditor on Sep. 25 for ITR Purpose will not contradict.
 

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satish kumar voleti (A.C.A., (ICWAI))     19 March 2012

satish kumar voleti
A.C.A. (ICWAI) 
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The auditor issue Tax Audit Report..... signing on the financial statements is different from issuing of Tax Audit Report..

suppose if the audit issue a tax audit report on 25/09/2012.... the date of signing of financial statements along with audit report under Companies Act should be before 02/09/2012 in order to comply with the provision of issuing the notice of AGM before 21 days....

so even if the auditor have signed the financial statements and audit report under companies act 1956 on 01/09/2012 he can issue the tax audit report on 30/09/2012 or may be even before that....

 

 

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Karthik 17 (Accounts Assistant)     26 April 2016

Karthik 17
Accounts Assistant 
 29 points

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Dear All,

Could you Please clarify the doubt for following case:

1. Balance sheet signed by auditor on 21/08/2015.

2. Notice for AGM date on 31/08/2015.

3. AGM on 30/09/2015.

Is it Valid?

Regards

Karthik

 

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CS Arjun Rajagopal (B.com, ACS)     26 April 2016

CS Arjun Rajagopal
B.com ACS 
 90 likes  1051 points

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Originally posted by : Karthik 17
Dear All,

Could you Please clarify the doubt for following case:

1. Balance sheet signed by auditor on 21/08/2015.

2. Notice for AGM date on 31/08/2015.

3. AGM on 30/09/2015.

Is it Valid?

Regards

Karthik

 

Hi Karthik,

the abovementioned dates are valid.

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Karthik 17 (Accounts Assistant)     26 April 2016

Karthik 17
Accounts Assistant 
 29 points

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Thank You sir.

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Karthik 17 (Accounts Assistant)     02 May 2016

Karthik 17
Accounts Assistant 
 29 points

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Dear All,

Could you please clarify, is this Possible directly appoint a director except additional director are appointed in EGM?

 

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CS Arjun Rajagopal (B.com, ACS)     03 May 2016

CS Arjun Rajagopal
B.com ACS 
 90 likes  1051 points

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Hi Karthik,

The power to appoint directors is vested with shareholders. However the board of directors can appoint directors subject to the ratification of shareholders:-

1.new director who is also called additional director,

2.alternate director ie director appointed in place of another director to hold the office of such director

3. and director appointed in casual vacancy.

Therefore there is no problem in appointing a director in EGM.

Regards,

Arjun Rajagopal

 

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Pratik Shah (Practising Company Secretary)     03 May 2016

Pratik Shah
Practising Company Secretary 
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Yes. it is possible to appoint Director in General Meeting.

1. Hold a Board meeting to pass following resolutions

- Appointment of Director (subject to approval of Shareholders)

- Convening General Meeting

2. Hold EGM to take approval of Shareholders for appointment of Director.

3. File Form DIR-12 within 30 days from the date of appointment.

 

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Karthik 17 (Accounts Assistant)     03 May 2016

Karthik 17
Accounts Assistant 
 29 points

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Thank You Sir

 

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Karthik 17 (Accounts Assistant)     03 May 2016

Karthik 17
Accounts Assistant 
 29 points

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Thank You Sir

 


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